3structure on Manhattan Place in Los Angeles (respectively, the Gramercy Project andManhattan Place Project). Defendant Jong Woon Kim was the owner of the GramercyProject and Yoon was the owner of the Manhattan Place Project.1.
The Relevant Subcontract Provisions
On April 12, 2006, Pacific Construction and FEI entered into two constructionsubcontracts (the subcontracts) under which FEI would install low-voltage (25 volts)
electrical systems, such as fire alarms, telephones, and cable television systems. FEI‟s
scope of work did not include the high-voltage (110 volts) system that supplies power tothe projects. The two subcontracts are identical in their terms except for the price,property, owner, and architect.
Yoon drafted the portion of the subcontracts‟ terms and conditions that was added
to the boilerplate forms. These additions stated in part that FEI wou
ld “Furnish all labor,
materials, hardware, equipment, required insurance and installations to perform the work necessary or incidental to complete low voltage systems for new 19 units multidwelling . . . as per the approved plans provided by M & S Engineering and per localcodes, but not limited to the following: Fire alarm systems for entire building as percode ($14,800.00), 4-telephone (1 for wall hung jack at kitchen) and 2-dedicated data linepre-wiring, wall plates, jacks and punch blocks with CAT 6 per unit, 1-fire alarmmonitoring, 1-telephonic entry and 1-internet line with CAT 6 for thebuilding ($64.00/line), 3-CATV and 2-satellite TV RG-6 pre-wiring (cable to be suppliedby other) wall plates and jacks per unit ($34.00/line), 1-weatherproof roof mountedbox ($430.00), necessary permits,
testing all line installed
, required necessaryinspections, tax and license.
All work performed to be in one continuous operationrough-in and finish with well trained crews and warrant labor & materials for one (1) full year from the date of project completion
.” (Italics added.) Yoon also
provision that FEI “agreed to start the work immediately without any other
conditions upon contract executed . . . .
The boilerplate portion of the subcontrac
ts further provided that “
No work shall be performed under this agreement until notified to proceed
. . .
.” The subcontracts required